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Allegations of
gets attention
missing money at HOTESS
of feds
By Gary Blair
The Heart of the Earth Survival
School (HOTESS) could be ordered
to return $572, 381.25 for
noncompliance with a three year
project grant from the U.S.
Department of Education. HOTESS
is an alternative school with an
enrollment of over 200 Native
American students and is located at
1209-Fourth Street in Minneapolis.
The funds in question were initially
requested under the Indian Education
Act, Title V, Indian Controlled
Schools Enrichment Projects. William
Means, former HOTESS director,
made the continuation request for the
third year of funding in a letter, dated
January 31, 1995.
The latest controversy comes on the
heels of a request for a federal probe
into the financial affairs ofthe school
by former teachers, parents and school
board members. Sources close to the
problems at the school say their
request for an investigation has been
acknowledged by federal authorities.
Sources also say the education grant
was a sweetheart deal, something even
the richest school district
administrators would envy. "It's full
of a lot of bells and whistles- new
high powered computers that were
never purchased and plenty of student
trips that were never taken," one
source explained. "It was money the
staff hired for the project didn't even
know existed and apparently Timothy
Woodhull [HOTESS' new director]
didn't know much about either."
According to federal records the
school received the last ofthe project
funding in August of this year. The
noncompliance alleges that the school
Missing cont'd on pg 3
Feds to look into alleged missing $ at HOTESS/ pg 1
Mille Lacs Band, DNR negotiating on key issues/ pg 1
Native lang. summit to be held at Moorhead State/ pg 8
Wadena et al. hearing set for Nov. 27, in St. Paul/ pg 8
BSU's FM 90 offers Native Amer. radio program/ pg 4
Voice ofthe The People
1
Red Lake man pleads guilty in shooting death
By Nate Bowe
Bemidji Pioneer
A Red Lake man has pleaded guilty
to first-degree manslaughter for the
April 30 shooting death of Albert
Spears Jr., 38, of Red Lake.
Laverne Robert Lussier, 47, entered
the plead Nov. 8 in U.S. District Court
in Minneapolis and faces 10 to 16
months of prison time under federal
sentencing guidelines. After his
release he'll be on supervised probation
for about three years, according to his
federal public defender, Dan Scoot.
The shooting occurred in the early
morning hours at a drinking party
attended by a handful of people at
Lussier's home in the town of Redlake,
according to Assistant U.S. Attorney
Margaret Chutich, who prosecuted
the case.
Spears was sitting in a chair in the
living room when Lussier noticed he
had left his high-powered rifle leaning
against a corner. He went to put the
gun in the basement. The magazine
had been removed, so he assumed the
bolt-action rifle was not loaded,
Chutich said.
But one cartridge remained in the
chamber, and the gun discharged as
Lussier was carrying it. The bullet
struck Spears in the back ofthe head,
"sort of from one side," Chutich said.
"It was an accidental shooting,"
Scott said. "But you shouldn't be
handling a gun -even if you think it's
empty - if you've been drinking."
Scott said Lussier has a good
reputation in the community and feels
terrible about Spear's death. That's
why he pleaded guilty without trying
to make any deals with the
prosecution.
"That's what he said when he entered
a plea," Scott added. "He made a
choice of pleading guilty even though
the jury might find him not guilty,
because he felt he'd done something
wrong."
Lussier has only one minor tribal
offense on his record, which along
with the guilty plea is taken into
account by the guidelines and explains
the relatively light sentence
recommended for the offense, Chutich
said.
The victim's brother, Frank Spears
of Red Lake is not happy with the
charge and believes there's something
fishy about the case.
"That's cold-blooded when you
shoot somebody when they're passed
out - right between the ears," he said
in an interview.
He believes a 15-year-old boy who
was at the house actually did the
shooting. The boy had been acting
wild and reckless for several months
and had earlier told friends he was
going to kill somebody, Spears said.
Plead cont'd on pg 3
Native
Fifty Cents
Ojibwe
News
We Support Equal Opportunity For All People
Founded in 1988
Volume 8 Issue 6 November 24, 1995
i
A weekly publication.
Copyright. Native American Preaa, 1995
Trust land decision prompts tax notice
PIERRE, S.D. (AP) _ The day a
federal appeals court panel struck
down parts of an Indian trust-land
law, Lyman County issued a notice
demanding property taxes from the
Lower Brule Sioux Tribe, tribal
Chairman Mike Jandreau said.
"Same day as the federal ruling,"
Jandreau said of the notice.
He said the Nov. 7 ruling from a
three-judge panel of the 8th U.S.
Circuit Court of Appeals was one of
the most devastating decisions any
court has ever made.
Jandreau said the Lyman County
notice tells him that tribal-owned
property will be sold at public auction
unless taxes are paid by Nov. 30.
It includes a parcel of land that was
central to the case the appeals court
decided. The tribe has said it wanted
to build a casino on the land, which is
outside the resen'ation boundaries in
eastern Lyman County.
The tribe runs the Golden Buffalo
casino in Lower Brule. Tribal officials
said moving it to trust land near
Oacoma would put it on Interstate 90
and make it more convenient to high
volumes of traffic and to businesses in
the developing river-resort area.
The state sued after the U.S. Interior
Department put the Oacoma land in
trust for the tribe _ a move that
removed the land from the property-
tax rolls.
But the appeals court panel said the
law Congress passed giving the
Interior secretary the power to put
land in trust is unconstitutional. The
judge who dissented in the 2-1 ruling
said the decision raises doubts about
the legality of all trust-land decisions
made in the last 60 years.
According to Attorney Generar\j
Mark Barnett, some states are worried
about the spread of tribal gaming.
"It was only when other Minnesota
Trust cont'd on pg 3
Mille Lacs Band, DNR negotiating on key issues
By Dennis Anderson
Minneapolis Star Tribune
The Mille Lacs Band of Ojibwe and
the Minnesota Department of Natural
Resources have until mid-December
to submit expert testimony to a federal
court on natural resources treaty-
rights issues the two are litigating.
Representatives ofthe band and the
DNR have been meeting to resolve
dozens of hunting and fishing issues
that otherwise must be decided by the
court.
Trial is set for next September on
issues relating to allocation of natural
resources in a 12-county region of
east-central Minnesota. The area was
ceded to the federal government by
the Mille Lacs and other Ojibwe bands
in 1837. The band won an initial
federal court battle when its treaty
rights in the disputed region were
recognized - a ruling the state
eventually will appeal.
Here are recent developments in
the negotiations.
• The DNR proposes the band phase
in its walleye and perch harvest on
Lake Mille Lacs over 10 years. The
maximum harvest would be 10 percent
ofthe harvestable surplus in the first
year, and capped at 20 percent at year
10 and thereafter.
• The DNR has proposed the band
phase in its harvest of northern pike
over six years, beginning with 25
percent in the first year and increasing
5 percent per year to a maximum of 5 0
percent ofthe allowable harvest.
• The DNR proposes muskie
spearing on Mille Lacs by the band be
stopped until the DNR determines
how many muskies will be caught
incidentally in band gill nets. If the
catch is below 20 percent of the
average muskie harvest, the DNR will
discuss future winter muskie spearing.
• Excluding walleye, perch, northern
pike and muskie, the band would be
allowed to take up to half the available
harvest of other Mille Lacs fish
species.
• The band would be allowed to fish
on all other inland waters in the 12
counties for subsistence only, meaning
fishing for personal but not
commercial use. Excluded from the
subsistence restriction would be lakes
Ogechie, Onamiaand Shakopee, and
the five miles of the Rum River
connecting the lakes.
Reprinted with permission from the
Minneapolis Star Tribune.
Native people (top) from White Earth, Leech Lake, Grand Portage, and Sandy Lake met to confer
governmental reform for the Minnesota based Chippewa/Ojibwe reservations. Former Fed. Judge, (L)
U.S. Attorney Miles Lord and Erma Vizenor (R), White Earth Activist spoke at the White Earth Tribal
governmental reform meeting Saturday. Photos by J. Rainbird
Red Lake Warriors to open season Nov. 30
Tribal leaders gather for 1st western Indian
gaming conference
By Martin Griffith
SPARKS, New (AP) _ More than
450 tribal leaders from six Western
states are gathering here this week to
discuss ways to promote the growth of
Indian gaming.
The first Western Indian Gaming
Conference began Sunday at the
Sparks Nugget and will run through
Tuesday. Tribal leaders from
California, Oregon, Washington,
Nevada. Arizona and New Mexico
are attending.
"There's been a national conference
like this for years, but this is the first
western gathering," said conference
co-chair David Dominguez, chairman
ofthe Santa Ynez Band of Chumash
Indians near Santa Barbara, Calif.
"This has been needed because we're
all facing similar challenges. The
purpose of it is to exchange ideas and
review the latest technology so we
can better our (gaming) operations."
The new gathering will feature
panel discussions on a variety of
topics, including marketing, financial
management, tribal gaming
commissions, and bingo and casino
operations.
It also will feature updates on
political and legal developments
affecting Indian gaming at the state
and federal levels.
"Our biggest challenge is from
senators and congressmen who are
trying to change laws to shut us down,"
Dominguez said. "They also want to
regulate us so we wouldn't be able to
function ... They don't think we can
handle all the money."
Gather cont'd on pg 3
By Randy Kingbird
The Warriors will begin the season
with great expections. Red Lake will
have a senior dominated team led by
Robert Barrett (sr. center6-3), Shane
Garrigan (sr. fonvard 6-0), Jeremy
Martin (sr. fonvard 6-0), Randy
Holthusen (sr. guard 6-2), and
possible starting guard might be
super frosh Gerald Kingbird (6-1).
With Redlake losing the services
of stellar guard Keveon Kingbird to
graduation, this might be the
question mark on this team. Key
reserves will have a important role
with ninth grader Delwyn Hothusen
Jr. (6-5) backing Barrett at center or
possibly being a part of a twin tower
attack. Kyle Garrigan (6-0) should
see plenty of action as well.
The Warriors have a tough
schedule ahead of them. A key game
early into the season will pit
Blackduck -vs- Redlake at Redlake,
with a Dec. 2nd showdown against
Bemidji High School at BSU. At
Christmas, Redlake will travel to
Crosby to take part in a holiday
tournament featuring teams from
Eveleth, Brooklyn Center and
Crosby / Ironton.
With tough tests coming from
Blackduck Drakes, Clearbrook /
Gonvick Bears and Laport Wildcats.
Barring any serious injury, Redlake
looks like the team to beat in the
Northland Conference. See 1995-
96 Red Lake Boys Basketball
schedule on page 5.
U.S. Decision to protect Indian fishing upheld
Zuni ban stirs hard feelings, recall effort
ZUNI, N.M. (AP) _ Many members
of the Zuni tribe say their leader's
decision to ban outsiders from
ceremonies this year will keep friends
away and hurt annual jewelry sales.
At the direction of religious leaders,
the Zuni Tribal Council banned non-
Indians from the ceremonies for a
trial period of one year. The ban will
include next month's sacred Sha'lak'o
ceremony, a colorful and dramatic
ritual that brings in the new year.
Councilmen say some outsiders _
who come to the pueblo by the
thousands _ disrupt ceremonies by
taking pictures and by mocking the
traditional nightlong dances.
Opponents ofthe ban include several
councilmen swept out of office during
last year's tribal election. They claim
the Tribal Council is running an
illegitimate theocracy.
They say the council is ignoring the
wishes ofthe people, who depend on
visitors for sales of their jewelry.
They're also upset that non-Indian
friends can't join them for the
ceremonies.
"I've been living here in Zuni all
my life. We've had disagreements
before but never anything like this,"
said Ken Wato, 72.
Traditionally, Zuni Pueblo was run
Zuni cont'd on pg 3
By Bob Egelko
SAN FRANCISCO (AP) _ The
fishing rights of two northwest
California Indian tribes can be
protected by limiting the offshore
catch of Klamath River chinook
salmon, says a federal appeals court.
The 9th U.S. Circuit Court of
Appeals ruled Thursday that the
Clinton administration acted legally
in 1993 by cutting ocean fleets' share
of Klamath chinook so that about half
the fish would reach the Hoopa Valley
and Yurok resenations.
The government, required by law to
protect Indians' rights, "acted in
response to ocean overhan'esting of
Klamath chinook which threatened
the tribes' ability to harvest their share
of the salmon," said Judge Harry
Pregerson in the 3-0 ruling.
Similar disputes have arisen in 1994
and 1995 and are likely to continue,
said lawyers for the Indians and a
group of commejcial and sport
fishermen in California and southern
Oregon.
James M. Johnson, representing
individuals and fishing groups who
challenged the federal action, said
the court had improperly validated a
linton administration "political deal"
that unduly favored the Indians and
hurt offshore fishing. He said he would
probably appeal to the Supreme Court.
If the ruling stands, "I expect tribes
in other areas to pressure the
secretaries of Interior and Commerce
for similar treatment," Johnson said.
Thomas Schlosser, a lawyer for the
Hoopa Valley tribe, said the
Commerce Department was forced to
intenene because the Pacific Fishery
Management Council consistently
yielded to pressure from commercial
fishing interests.
The department "adopted
regulations to make sure some fish
got back to the reservations,"
Schlosser said. "That's why they
created the resenations in the first
place. Indians had to have fish to
survive. Whites weren't prepared to
feed them."
Commerce Secretary Ron Brown
intenened in April 1993 after the
council allotted 22 percent of the
season's chinoook catch to offshore
fishing. Brown said the council had
Upheld cont'd on pg 3

Allegations of
gets attention
missing money at HOTESS
of feds
By Gary Blair
The Heart of the Earth Survival
School (HOTESS) could be ordered
to return $572, 381.25 for
noncompliance with a three year
project grant from the U.S.
Department of Education. HOTESS
is an alternative school with an
enrollment of over 200 Native
American students and is located at
1209-Fourth Street in Minneapolis.
The funds in question were initially
requested under the Indian Education
Act, Title V, Indian Controlled
Schools Enrichment Projects. William
Means, former HOTESS director,
made the continuation request for the
third year of funding in a letter, dated
January 31, 1995.
The latest controversy comes on the
heels of a request for a federal probe
into the financial affairs ofthe school
by former teachers, parents and school
board members. Sources close to the
problems at the school say their
request for an investigation has been
acknowledged by federal authorities.
Sources also say the education grant
was a sweetheart deal, something even
the richest school district
administrators would envy. "It's full
of a lot of bells and whistles- new
high powered computers that were
never purchased and plenty of student
trips that were never taken," one
source explained. "It was money the
staff hired for the project didn't even
know existed and apparently Timothy
Woodhull [HOTESS' new director]
didn't know much about either."
According to federal records the
school received the last ofthe project
funding in August of this year. The
noncompliance alleges that the school
Missing cont'd on pg 3
Feds to look into alleged missing $ at HOTESS/ pg 1
Mille Lacs Band, DNR negotiating on key issues/ pg 1
Native lang. summit to be held at Moorhead State/ pg 8
Wadena et al. hearing set for Nov. 27, in St. Paul/ pg 8
BSU's FM 90 offers Native Amer. radio program/ pg 4
Voice ofthe The People
1
Red Lake man pleads guilty in shooting death
By Nate Bowe
Bemidji Pioneer
A Red Lake man has pleaded guilty
to first-degree manslaughter for the
April 30 shooting death of Albert
Spears Jr., 38, of Red Lake.
Laverne Robert Lussier, 47, entered
the plead Nov. 8 in U.S. District Court
in Minneapolis and faces 10 to 16
months of prison time under federal
sentencing guidelines. After his
release he'll be on supervised probation
for about three years, according to his
federal public defender, Dan Scoot.
The shooting occurred in the early
morning hours at a drinking party
attended by a handful of people at
Lussier's home in the town of Redlake,
according to Assistant U.S. Attorney
Margaret Chutich, who prosecuted
the case.
Spears was sitting in a chair in the
living room when Lussier noticed he
had left his high-powered rifle leaning
against a corner. He went to put the
gun in the basement. The magazine
had been removed, so he assumed the
bolt-action rifle was not loaded,
Chutich said.
But one cartridge remained in the
chamber, and the gun discharged as
Lussier was carrying it. The bullet
struck Spears in the back ofthe head,
"sort of from one side," Chutich said.
"It was an accidental shooting,"
Scott said. "But you shouldn't be
handling a gun -even if you think it's
empty - if you've been drinking."
Scott said Lussier has a good
reputation in the community and feels
terrible about Spear's death. That's
why he pleaded guilty without trying
to make any deals with the
prosecution.
"That's what he said when he entered
a plea," Scott added. "He made a
choice of pleading guilty even though
the jury might find him not guilty,
because he felt he'd done something
wrong."
Lussier has only one minor tribal
offense on his record, which along
with the guilty plea is taken into
account by the guidelines and explains
the relatively light sentence
recommended for the offense, Chutich
said.
The victim's brother, Frank Spears
of Red Lake is not happy with the
charge and believes there's something
fishy about the case.
"That's cold-blooded when you
shoot somebody when they're passed
out - right between the ears," he said
in an interview.
He believes a 15-year-old boy who
was at the house actually did the
shooting. The boy had been acting
wild and reckless for several months
and had earlier told friends he was
going to kill somebody, Spears said.
Plead cont'd on pg 3
Native
Fifty Cents
Ojibwe
News
We Support Equal Opportunity For All People
Founded in 1988
Volume 8 Issue 6 November 24, 1995
i
A weekly publication.
Copyright. Native American Preaa, 1995
Trust land decision prompts tax notice
PIERRE, S.D. (AP) _ The day a
federal appeals court panel struck
down parts of an Indian trust-land
law, Lyman County issued a notice
demanding property taxes from the
Lower Brule Sioux Tribe, tribal
Chairman Mike Jandreau said.
"Same day as the federal ruling,"
Jandreau said of the notice.
He said the Nov. 7 ruling from a
three-judge panel of the 8th U.S.
Circuit Court of Appeals was one of
the most devastating decisions any
court has ever made.
Jandreau said the Lyman County
notice tells him that tribal-owned
property will be sold at public auction
unless taxes are paid by Nov. 30.
It includes a parcel of land that was
central to the case the appeals court
decided. The tribe has said it wanted
to build a casino on the land, which is
outside the resen'ation boundaries in
eastern Lyman County.
The tribe runs the Golden Buffalo
casino in Lower Brule. Tribal officials
said moving it to trust land near
Oacoma would put it on Interstate 90
and make it more convenient to high
volumes of traffic and to businesses in
the developing river-resort area.
The state sued after the U.S. Interior
Department put the Oacoma land in
trust for the tribe _ a move that
removed the land from the property-
tax rolls.
But the appeals court panel said the
law Congress passed giving the
Interior secretary the power to put
land in trust is unconstitutional. The
judge who dissented in the 2-1 ruling
said the decision raises doubts about
the legality of all trust-land decisions
made in the last 60 years.
According to Attorney Generar\j
Mark Barnett, some states are worried
about the spread of tribal gaming.
"It was only when other Minnesota
Trust cont'd on pg 3
Mille Lacs Band, DNR negotiating on key issues
By Dennis Anderson
Minneapolis Star Tribune
The Mille Lacs Band of Ojibwe and
the Minnesota Department of Natural
Resources have until mid-December
to submit expert testimony to a federal
court on natural resources treaty-
rights issues the two are litigating.
Representatives ofthe band and the
DNR have been meeting to resolve
dozens of hunting and fishing issues
that otherwise must be decided by the
court.
Trial is set for next September on
issues relating to allocation of natural
resources in a 12-county region of
east-central Minnesota. The area was
ceded to the federal government by
the Mille Lacs and other Ojibwe bands
in 1837. The band won an initial
federal court battle when its treaty
rights in the disputed region were
recognized - a ruling the state
eventually will appeal.
Here are recent developments in
the negotiations.
• The DNR proposes the band phase
in its walleye and perch harvest on
Lake Mille Lacs over 10 years. The
maximum harvest would be 10 percent
ofthe harvestable surplus in the first
year, and capped at 20 percent at year
10 and thereafter.
• The DNR has proposed the band
phase in its harvest of northern pike
over six years, beginning with 25
percent in the first year and increasing
5 percent per year to a maximum of 5 0
percent ofthe allowable harvest.
• The DNR proposes muskie
spearing on Mille Lacs by the band be
stopped until the DNR determines
how many muskies will be caught
incidentally in band gill nets. If the
catch is below 20 percent of the
average muskie harvest, the DNR will
discuss future winter muskie spearing.
• Excluding walleye, perch, northern
pike and muskie, the band would be
allowed to take up to half the available
harvest of other Mille Lacs fish
species.
• The band would be allowed to fish
on all other inland waters in the 12
counties for subsistence only, meaning
fishing for personal but not
commercial use. Excluded from the
subsistence restriction would be lakes
Ogechie, Onamiaand Shakopee, and
the five miles of the Rum River
connecting the lakes.
Reprinted with permission from the
Minneapolis Star Tribune.
Native people (top) from White Earth, Leech Lake, Grand Portage, and Sandy Lake met to confer
governmental reform for the Minnesota based Chippewa/Ojibwe reservations. Former Fed. Judge, (L)
U.S. Attorney Miles Lord and Erma Vizenor (R), White Earth Activist spoke at the White Earth Tribal
governmental reform meeting Saturday. Photos by J. Rainbird
Red Lake Warriors to open season Nov. 30
Tribal leaders gather for 1st western Indian
gaming conference
By Martin Griffith
SPARKS, New (AP) _ More than
450 tribal leaders from six Western
states are gathering here this week to
discuss ways to promote the growth of
Indian gaming.
The first Western Indian Gaming
Conference began Sunday at the
Sparks Nugget and will run through
Tuesday. Tribal leaders from
California, Oregon, Washington,
Nevada. Arizona and New Mexico
are attending.
"There's been a national conference
like this for years, but this is the first
western gathering," said conference
co-chair David Dominguez, chairman
ofthe Santa Ynez Band of Chumash
Indians near Santa Barbara, Calif.
"This has been needed because we're
all facing similar challenges. The
purpose of it is to exchange ideas and
review the latest technology so we
can better our (gaming) operations."
The new gathering will feature
panel discussions on a variety of
topics, including marketing, financial
management, tribal gaming
commissions, and bingo and casino
operations.
It also will feature updates on
political and legal developments
affecting Indian gaming at the state
and federal levels.
"Our biggest challenge is from
senators and congressmen who are
trying to change laws to shut us down,"
Dominguez said. "They also want to
regulate us so we wouldn't be able to
function ... They don't think we can
handle all the money."
Gather cont'd on pg 3
By Randy Kingbird
The Warriors will begin the season
with great expections. Red Lake will
have a senior dominated team led by
Robert Barrett (sr. center6-3), Shane
Garrigan (sr. fonvard 6-0), Jeremy
Martin (sr. fonvard 6-0), Randy
Holthusen (sr. guard 6-2), and
possible starting guard might be
super frosh Gerald Kingbird (6-1).
With Redlake losing the services
of stellar guard Keveon Kingbird to
graduation, this might be the
question mark on this team. Key
reserves will have a important role
with ninth grader Delwyn Hothusen
Jr. (6-5) backing Barrett at center or
possibly being a part of a twin tower
attack. Kyle Garrigan (6-0) should
see plenty of action as well.
The Warriors have a tough
schedule ahead of them. A key game
early into the season will pit
Blackduck -vs- Redlake at Redlake,
with a Dec. 2nd showdown against
Bemidji High School at BSU. At
Christmas, Redlake will travel to
Crosby to take part in a holiday
tournament featuring teams from
Eveleth, Brooklyn Center and
Crosby / Ironton.
With tough tests coming from
Blackduck Drakes, Clearbrook /
Gonvick Bears and Laport Wildcats.
Barring any serious injury, Redlake
looks like the team to beat in the
Northland Conference. See 1995-
96 Red Lake Boys Basketball
schedule on page 5.
U.S. Decision to protect Indian fishing upheld
Zuni ban stirs hard feelings, recall effort
ZUNI, N.M. (AP) _ Many members
of the Zuni tribe say their leader's
decision to ban outsiders from
ceremonies this year will keep friends
away and hurt annual jewelry sales.
At the direction of religious leaders,
the Zuni Tribal Council banned non-
Indians from the ceremonies for a
trial period of one year. The ban will
include next month's sacred Sha'lak'o
ceremony, a colorful and dramatic
ritual that brings in the new year.
Councilmen say some outsiders _
who come to the pueblo by the
thousands _ disrupt ceremonies by
taking pictures and by mocking the
traditional nightlong dances.
Opponents ofthe ban include several
councilmen swept out of office during
last year's tribal election. They claim
the Tribal Council is running an
illegitimate theocracy.
They say the council is ignoring the
wishes ofthe people, who depend on
visitors for sales of their jewelry.
They're also upset that non-Indian
friends can't join them for the
ceremonies.
"I've been living here in Zuni all
my life. We've had disagreements
before but never anything like this,"
said Ken Wato, 72.
Traditionally, Zuni Pueblo was run
Zuni cont'd on pg 3
By Bob Egelko
SAN FRANCISCO (AP) _ The
fishing rights of two northwest
California Indian tribes can be
protected by limiting the offshore
catch of Klamath River chinook
salmon, says a federal appeals court.
The 9th U.S. Circuit Court of
Appeals ruled Thursday that the
Clinton administration acted legally
in 1993 by cutting ocean fleets' share
of Klamath chinook so that about half
the fish would reach the Hoopa Valley
and Yurok resenations.
The government, required by law to
protect Indians' rights, "acted in
response to ocean overhan'esting of
Klamath chinook which threatened
the tribes' ability to harvest their share
of the salmon," said Judge Harry
Pregerson in the 3-0 ruling.
Similar disputes have arisen in 1994
and 1995 and are likely to continue,
said lawyers for the Indians and a
group of commejcial and sport
fishermen in California and southern
Oregon.
James M. Johnson, representing
individuals and fishing groups who
challenged the federal action, said
the court had improperly validated a
linton administration "political deal"
that unduly favored the Indians and
hurt offshore fishing. He said he would
probably appeal to the Supreme Court.
If the ruling stands, "I expect tribes
in other areas to pressure the
secretaries of Interior and Commerce
for similar treatment," Johnson said.
Thomas Schlosser, a lawyer for the
Hoopa Valley tribe, said the
Commerce Department was forced to
intenene because the Pacific Fishery
Management Council consistently
yielded to pressure from commercial
fishing interests.
The department "adopted
regulations to make sure some fish
got back to the reservations,"
Schlosser said. "That's why they
created the resenations in the first
place. Indians had to have fish to
survive. Whites weren't prepared to
feed them."
Commerce Secretary Ron Brown
intenened in April 1993 after the
council allotted 22 percent of the
season's chinoook catch to offshore
fishing. Brown said the council had
Upheld cont'd on pg 3